AG's office draws line in sand for Alamo caretakers

Answers wanted from DRT on discrepancies.

Updated 1:12 am, Thursday, March 24, 2011

The AG’s office hasn’t released findings of its investigation of the DRT, but has cited concerns about upkeep of the Alamo chapel’s leaky roof and inadequate capital fundraising.

The AG’s office hasn’t released findings of its investigation of the DRT, but has cited concerns about upkeep of the Alamo chapel’s leaky roof and inadequate capital fundraising.

Photo: Lisa Krantz/Express-News

AG's office draws line in sand for Alamo caretakers

1 / 1

Back to Gallery

The Daughters of the Republic of Texas, faced with a threat of litigation and a diminished role at the Alamo, have been challenged by the Texas attorney general's office to lay out all the facts concerning controversies at the shrine in a legislative hearing.

The AG's office asked the DRT's general counsel, Jim Ewbank, to sign a confidentiality waiver to help resolve “factual discrepancies” in recent testimony to legislators.

DRT sources said the request appears to be the AG's last warning before a lawsuit is filed.

“Given the DRT's regular assurances that it is committed to openness and transparency ... we hope you and your client will thoughtfully consider this timely request,” Marsha Acock, assistant attorney general, wrote in a letter to Ewbank on Friday.

In a statement, Ewbank said the Daughters will continue to answer questions and provide requested documents, but will not “bend to an effort to pervert the process” by waiving its “statutory confidentiality privilege.”

Most Popular

The ultimatum comes as DRT leaders, whose terms end in May, hope to kill legislation giving the Texas Historical Commission more control of the state-owned shrine. The DRT could lose custodianship if it doesn't agree to terms of any new legislation.

The AG's office hasn't released findings of its nine-month investigation of the DRT, but has cited concerns about upkeep of the Alamo's leaky concrete roof and inadequate capital fundraising.

The DRT's efforts to seek a trademark on the phrase “The Alamo” without the state's consent also revealed a poor understanding of the group's role as a trustee, the AG's office has said.

State Sen. Leticia Van de Putte said her bills seek to help the Daughters maintain the custodianship they've held since 1905 by ensuring better transparency and creating a nonprofit foundation to help with fundraising.

Two of her three bills and identical House bills would let the DRT charge admission, if necessary, for groups or individuals.

The leader of the DRT's campaign against the bills has said the state wants to charge $5 for adults and $3 for children.

“It doesn't take a Rhodes scholar to figure out why the THC thinks the Alamo is a ‘cash cow' and will save them from Gov. (Rick) Perry's budget cuts,” Karen Thompson, the DRT's nominee for president general, said in a March 15 email to other Daughters.

But Alamo marketing director Tony Caridi said in a statement that although the DRT is troubled by rumors that the historical commission “is maneuvering to stay alive” by getting custody of the Alamo and charging admission, it never has been the opinion of the DRT or its president general, Patti Atkins, that the commission sees the Alamo as a “cash cow.”

More Information

• HB 3725, SB 1841: Provides that the Alamo is under the jurisdiction of the Texas Historical Commission, and directs the commission to enter an agreement with a nonprofit organization to operate the Alamo. It also specifically gives the DRT the right to charge admission to the Alamo.

• HB 3726, SB 1839: Provides for an annual report to be submitted to the comptroller, the governor and the historical commission by the custodian of the Alamo. No additional authority is granted to any of those state entities.

• HB 3740, SB 1840: Gives the historical commission responsibility for preservation and maintenance of the Alamo, and directs that it enter an agreement with a nonprofit organization to operate the Alamo. It also specifically gives the DRT the right to charge admission to the Alamo.

Source: Texas Historical Commission

“DRT certainly will work with the Legislature and governor's office to increase its reporting requirements,” Caridi said.

One Daughter, Kathleen Carter, asked Van de Putte in a letter to give the DRT “an opportunity to elect leaders of integrity” at its convention in San Antonio in May and “right the wrongs.” But Sarah Reveley, a recently expelled Daughter, has asked readers of her blog to write letters calling for an end to the DRT's custodianship.

The historical commission would have an “expanded role at the Alamo” under each of the bills, but hasn't discussed an entry fee, said Mark Wolfe, the agency's executive director.

“By involving the professional expertise of the THC, the proposed bills could open the door to expanded transparency and increase funding opportunities for preservation of this historic treasure,” Wolfe said in a statement.

Van de Putte said she's willing to consider striking the admission fee option from her bills.

“What is evident to lawmakers is that the DRT has not been able to raise necessary funds beyond regular maintenance, and every day that goes by sees the further deterioration of the Shrine of Texas Liberty,” she said.

Even if no Alamo legislation passes, the AG's office may sue the DRT, alleging neglect of its role as trustee and violations of the Texas Business Organizations Code.

Acock's letter to Ewbank points to inconsistencies by DRT members at the March 9 hearing before the House Committee on Culture, Recreation and Tourism.

At the hearing, DRT member Mary Carmack was asked how much was raised for the Alamo last year. She cited a $1 million grant that actually was secured in 2008 by Erin Bowman, who led the DRT's capital campaign but later was expelled.

Bowman said the current Daughters in power have become “a paradigm for misinformation, still saying what a wonderful job they are doing.”

Acock's letter challenges the DRT to waive confidentiality of some 40,000 pages of documents collected, so the issues can be discussed at a legislative hearing. AG's investigators can't take sworn statements unless a lawsuit is filed or confidentiality is waived.

Ewbank said it was odd for the AG's office to ask the DRT to waive confidentiality when investigators have invoked the confidentiality statute to deny the Daughters' requests for details of the investigation.

Since the investigation isn't completed, it's premature and improper to consider a “one-sided reversal of that policy,” he said.

Acock also has asked Ewbank to give details, including names of underwriters, of the DRT's recent one-year, $900,000 contract with William Morris Endeavor Entertainment to promote the Alamo.

The DRT board voted Feb. 4 to cancel the agreement, which was governed by California law and provided for termination “in the event of a material breach of pay term or condition ... by the other party.”

DRT sources said Ewbank was premature in saying the Daughters no longer were under “any obligation” to WME at the hearing. Van de Putte said she's worried the contract could have created a financial burden for the DRT or an obligation for the state.